Legal Question in Real Estate Law in California
We have a new neighbor with 3 dogs. There is a section between our houses that does not have a fence. She has asked if we would pay for half the cost of the fence. We had no intention or budget for a putting up a fence. Is she responsible for putting up a fence or do we need to chip in. And if she builds it is she allowed to build it on the property line or how far into her property does she need to put it on. thanks
1 Answer from Attorneys
The law on a neighbor's duty to share boundary fence costs is rather odd and obsolete, dating back to the original (1872) Civil Code, section 841(2). A neighbor must share boundary fence costs only if he or she encloses all his parcel (wither with fences, walls, hedges, buildings, etc.
The principle was that if you cared enough about keeping animals in or out of your property to enclose it, you should share the costs where the benefit accrued to you as well as the neighbor. In modern times, some city dwellers with pets completely enclose their property, and thus would have to share the cost of fences on boundaries, but if your property is open to the street (for example) you have no obligation under the state codes to share the costs.
This assumes there are no local ordinances, CC&Rs;or HOA rules on the subject.
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